Understanding Interlocutory Applications in Court Proceedings

 
INTERLOCUTORY
APPLICATIONS
 
039 Lagos, O 43Abuja
Interlocutory applications are
applications made to the court
during while an action is pending in
court. While some of these
applications are designed to remedy
some defects in the pending suit,
some are aimed at seeking some
temporary reliefs etc.
 
 
It is not in all cases that there must
be pending suit e.g. application
stay of execution, application for
installment payment application
for order of certiorari, mandamus
and prohibition are also
interlocutory applications
 
MODE OF APPLYING TO COURT
 
An interlocutory application is
required to be made either in open
court or to the Judge in chambers
by way of motion. See 
O 43 R1
Abuja, 
O 39 R1 Lagos
.
 
MOTION
 
A motion is an application,
usually in writing made to
the court for order in terms
of the prayers sought in the
application.
 
TYPES OF MOTION
 
MOTION EX PARTE
MOTION ON NOTICE
 
MOTION EXPRTE
 
It is an application for an order of
court without the notice of the other
party to the suit. Even where the party
to be affected is in court he cannot
respond to same. See 
7-UP
BOTTLING CO. V ABIOLA &
SONS LTD (1995)2 SCNJ37,
GOMBE V. PW NIG LTD (1995) 2
SCNJ 37.
 
 
Ex parte applications are normally
permitted in two circumstances:
Where time is of the essence
Where from the nature of the
application, the interest of the
adverse party will not be affected
negatively
 
 
NOTE: 
no application for an
injunction can be made exparte
except the applicant files with it a
motion on notice. See 
O 43 R 3
Abuja and 
O 39 R 3 Lagos
 
ORDERS THE COURT MAY
MAKE AFTER HEARING EX
PARTE APPLICATION
 
Grant the application
Refuse the application
Direct that the motion be served on the
other party
Order that the party sought to be affected
appear in court within a given time and
show cause why the order should not be
granted.
See 
O 43 R 7 
Abuja, 
O 39 R 6 
Lagos.
 
LIFE SPAN OF EX PARTE ORDER
 
Any order obtained ex parte is
expected to last for a short period.
In Lagos, it shall abate after 7
days see 
O 39 R 3(3) 
Lagos.
However, 
O 39 R3(4) 
gives the
judge power to extend the period
where necessary such extension
shall not exceed 7 days.
 
 
 
In Abuja, it shall abate after 7
days see 
O 43 R 3(2) 
Abuja
. However, 
O 39 R3(3) 
gives the
judge power to extend the period
where necessary such extension
shall not exceed 7 days.
 
 
APPLICATION FOR INJUCTION
 
NOTE: 
no application for an
injunction can be made exparte except
the applicant files with it a motion on
notice. See 
O 43 R 3 
Abuja and 
O 39
R 3 Lagos
 
MOTION ON NOTICE
 
A motion on notice is one which
is served on the other party and
asking him to appear in court on
named date for the hearing of
same. Personal service of motion
is not required unlike originating
processes.
 
SERVICE OF MOTION
 
In Abuja, there shall be at least 2 clear days
between the date of service and hearing except
there is leave of court to the contrary. O 43 R6
Abj
In Lagos every motion must be served within 5
days of filing see 
O 39 R 3 
Lagos.
The respondent is expected to file counter
within 7 days. See 
O 39 R 1(4
) Lag, 
O 43R 1(3)
The Applicant has 7 days to file reply if any. See
O 39 R1(5), O 43 R1(4) 
Abuja
 
CONTENTS OF A MOTION
 
Heading of the court
The suit number
Parties(‘applicant’, ‘respondent’)
Type of motion ( ex parte or on
notice)
The order/ rule or law under which
the application is brought.  
O 39 R1
Lag, O 43 R 1 Abuja, FALOBI V
FALOBI
 
 
The notice itself.( 
TAKE NOTICE
that….)
The order or relief sought
Date of the application
Name, signature and address of
applicant’s counsel
The name and address for service of
the respondent or his counsel
 
HEARING OF MOTION
 
A motion is heard when same is
moved. The applicant or his
counsel stands up in court when
the application is called and
restates the relief he has on the
motion paper and urges the court
to grant them.
 
OBLIGATION TO HEAR EVERY
MOTION
 
Once an application has been filed except
it is withdrawn, the court is duty bound to
hear the application and make
pronouncement. 
See DANDUME LGC
V YARO (2011) 11 NWLR(PT1257)159
Where a motion for extension of time to
file defence was not heard and judgment
was delivered. It was set aside on appeal.
 
ORDER OF HEARING MOTIONS
 
Where there are two pending
motions, one seeking destroy and
another seeking to save, the one
seeking to save will be heard first.
See 
AG FED V. AIC LTD,
LONG JOHN V .BLAKK &
ORS
 
AFFIDAVITS
 
Every motion shall be supported by
an affidavit. See 
O 43 R 1 Abuja, O
39 R1(1
) 
Lagos.
Where the application is one brought
on point of law there need not be an
affidavit see 
EREJUWA II V.
DEDUWA (1970) MSNLR15
 
CONTENTS OF AFFIDAVITS
 
Heading of court before which the
oath is sworn
The suit number where it has been
given
The names of parties
The application which the affidavit
supports. E.g. affidavit in support of
motion on notice
 
 
Name, nationality, religion profession and
address of deponent
Where deponent is not a party, the person by
whose authority he deposes
Where the facts are not within his knowledge,
the source of his knowledge or information
The oath clause
Signature and official stamp of commissioner
for oaths
 
COUNTER AFFIDAVIT
 
A party who intends to oppose an application
is required to file a counter affidavit
opposition.
Where a respondent fails to file a counter
affidavit the facts deposed to in the affidavit
are deemed true. See 
A.G FED V BAYAWO
Where the respondent intends to rely on
points of law alone, he needs not file a
counter affidavit. See 
BADEJO V.
MINISTER OF EDUCATION
 
FURTHER AFFIDAVIT
 
If the applicant, upon being
served with the counter affidavit,
sees the need to oppose the facts
deposed to in the affidavit, he is
expected to file a further affidavit
it.
 
CONFLICTS IN AFFIDAVITS
 
Where there is a conflict in
affidavits of parties the court has
a duty to resolve the differences
by calling oral evidence. See
FALOBI V. FALOBI 
and section
116 Evidence Act
.
 
PROPRIETY OF COUNSEL
DEPOSING TO AN AFFIDAVIT
 
Counsel must  avoid the habit of
deposing to an affidavit on behalf of
client. In the event of conflicts he
will be required to enter the witness
box and be subjected to the rigours of
cross examination. See 
OKPABIO
V. NIGERIAN FILMS &
CENSORS BOARD
 
SOME SPECIFIC
INTERLOCUTORY
APPLICATIONS
 
Application for injunction
Application for anton piller
injunction
Application for mareva injunction
Third party proceedings
Interpleader proceedings
 
APPLICATION FOR
INJUNCTION
 
An injunction is a court order
commanding (mandatory injunction)
or preventing an action. See 
O 38 R
8 Abuja, O 42 R8
There are two types:
Interim injunction
Interlocutory injunction
 
INTERIM INJUNCTION
 
It is a temporary order of court granted to
preserve the res until a named date or
hearing of the motion on notice
It is granted in urgent situation
It is normally ex parte
It has a short life span
See 
KOTOYE V. CBN, P 39 R1(2) Lag,
O 43 R1(2) Abuja
 
INTERLOCUTORY INJUNCTION
 
It is granted after parties have
been heard and it is to last during
the  pendency of the suit
It is through motion on notice
 
CONDITIONS FOR GRANT OF
INTERLOCUTORY INJUNCTION
 
Existence of legal right
Substantial issue to be tried
Balance of convenience
Irreparable damage or injury
Conduct of the parties
Undertaking as to damages
See 
OBEYA MEMORIAL HOSPITAL V
AG FEDERATION
 
MANDATORY INJUCTION
 
It is an order compelling a party
to do an act
 
ANTON PILLER INJUNCTION
 
It is granted ex parte permitting the
applicant to enter into the respondent
premises to seize, detain and preserve
goods or articles in possession of the
respondent
It is granted in case of infringement of
copy right, trademark, patent
See 
ANTON PILLER K,G V.
MANUFACTURING PROCESSES
LTD
 
MAREVA INJUNCTION
 
This is an order restraining a
defendant from removing his
assets within jurisdiction so not to
render a judgment nugatory.
See 
MAREVA COMPANIA
NAVIERA V
INTERNATIONAL BULK
CARRIER LTD
 
THIRD PARTY PROCEEDINGS
 
A procedure where by a defendant
through an application brings a
person who is not initially sued as a
party for the purpose of contribution,
indemnity or other relief connected
with the claimant’s claim against the
defendant. 
See O 13 R 19(1) Lagos,
O 10 R 18(1) 
Abuja
 
PROCEDURE
 
Exparte motion supporting by affidavit
Stating the fact that to the defendant’s
belief that such a third party may bear the
eventual liability.
Written address
If granted third party notice will be issued
and served on the third party together
with the writ of summons and other
processes. See 0 13 R 19(2) Lag, O 13 R
21(2) Abuja
 
EFFECT OF SERVICE OF THIRD
PARTY NOTICE
 
Once the third party notice is served on
the third party it has following effects:
The third party is required to enter
appearance within the prescribed time
by rules either 8 days or 30 days. 
O 13
R 20 
Lagos and not later than 35 days
unless otherwise ordered by the court.
O 13 R 22 
Abuja
 
 
The third party becomes a defendant to
the party who brought him in.
The third party is not a co-defendant as
the claimant’s writ does not recognize
him. See 
JOHNSON V RIBBINS,
OKAFOR V ACB
It is an independent suit that even if the
main suit is struck out it will still
continue. See 
UBN V EDIONSERI
 
DEFAULT OF APPEARANCE
 
Failure to enter appearance and
filing of pleadings shall be
deemed admission and the third
party shall be bound by the
judgment. See 
O 13 R 21 
Lagos,
O 13 R 24 
Abuja.
 
THIRD PARTY DIRECTION
 
Once the third party is served and has enter
appearance.
Prior to his entry of appearance proceedings
must have taking place without him.
The defendant calling him will apply for
direction as to subsequent conduct of the
proceedings.
The application is by motion on notice to be
served on the third party and the claimant
 
THE OBJECTION THE
CLAIMANT MAY RAISE
 
The joinder may delay his suit
unduly or the joinder will embarrass
him
He may incur additional cost
The question raised in the third party
notice cannot completely disposed of
in his action. 
See BARRISTER V
FRANCE
 
THE OBJECTION THE THIRD
PARTY MAY RAISE
 
The defendant has no claim against
him
The case does not fall under any of
the recognized cases where third
party notice should be issued.
 
THE ORDER THE COURT MAY
MAKE
 
Judgment will be enter where liability of the
third party to the defendant is established.
Dismiss the application
 
INTERPLEADER
 
People often find themselves in
possession of property or money
claimed by two or more persons. The
person in possession becomes
confused as to who is the right owner
Delivery to one person may result to
a suit against him by the other
 
 
To avoid this the party in possession
applies to court by way of
interpleader to compel the claimants
to interplead (take proceedings
between themselves to determine
who is entitled to the subject matter
See 
O48 R 1 
Abuja, 
O 43 R1
 Lag ,
NWEKESON V ONUIGBO
 
TYPES OF INTERPLEADER
 
Sheriff interpleader
Stakeholder interpleader
 
PROCEDURE FOR
INTERPLEADER
 
ABUJA, see O 48 R 6
By way of summons
Where a suit is pending it will  be by
motion
LAGOS, see O 43 R 6
By way of summons
 
WHAT THE AFFIDAVIT FOR AN
INTERPLEADER SHOULD
CONTAIN
 
That the applicant has no interest in
the subject matter
That the applicant has not colluded
with any of the claimant
That the applicant is wiling to
transfer or dispose of as the court
may direct
 
SHERIFFS INTERPLEADER
 
Where a sheriff  carries out attachment
pursuant to a judgment and a third party
is laying claim in the property to be
attached.
It is applicable when the goods or chattel
of a person who is not named in the  writ
of 
fi fa 
is attached. See 
KEY STONE
BANK LTD V M &M LTD
 
 
The third party and the judgment
creditor are called upon to
substantiate the claim.
It operates as a stay pending the
determination  of the matter. See
SHELLE V OSHUN
 
TIME FOR BRINGING
INTERPLEADER
 
No time frame but it must t be brought
before the sale of the property attached.
 
ETHICAL ISSUES AND ABUSE OF
EX-PARTE INJUNCTIONS
 
The whole purpose is to ensure that the
subject matter is not irreversibly altered
before the motion on notice is heard.
In recent past there had been cases of
abuse and misuse of ex-parte injunction.
Ex-parte injunctions are being abused by
Judges and Lawyers.
 
 
Example of such abuse are;
A court in one state refused to grant
ex-parte injunction. The applicant
rushed to another state and filed a
similar suit with an ex-parte
application for injunction without
disclosing it to the court.
NATIONAL BANK OF NIG LTD V
YINKA COMM. ENT. LTD
 
 
A court granted ex-parte order of
interim injunction in favor of a
Claimant. The defendant served.
Counsel for the defendant went ahead
to file a similar suit and obtained an
ex-parte order of injunction against
the claimant on the same subject
matter. 
PANAF INVESTMENT
LTD V TEMPLE & GOLDERS
LTD
 
 
A case where a Judge  adjourned
the hearing of an ex-parte
application for interim injunction,
for two weeks. After hearing,
ruling adjourned for another one
week. 
MORGAN AIRLINES
LTD V TRANSNET LTD &
ORS
 
 
A ruling for ex-parte application for
interim injunction  was adjourned
sine die because the defendant who
had notice of that the judge had
adjourned for ruling filed a motion
arresting the ruling. 
MORGAN
AIRLINE V TRANSNET LTD.
 
 
Hon Justice Mohammed
Bello
, 
CJN
 as he then was
admonished Judges and
practitioners at the 
All
Nigerian Judges Conference
held in Abuja
 in 1985 in the
following words:
 
 
the decision of some of our courts
on ex-parte injunction seem to put
individual interest over national
interest in Nigeria. Public
functionaries have been restrained
without given a hearing  from
performing
 
 
their constitutional and statutory
duties at the instance of exuberant
individual. I had of occasion to point
out early this year that it was only in
Nigeria that a court of law would
restrain a university by order of an
ex-parte injunction from holding
convocation to award degrees to over
a thousand students, who had passed
their examinations.
 
 
A court of law denied the
deserving students their degrees
because two students who had
failed the examinations had
applied to the court for a
declaration that they too were
entitled to be awarded degrees….
 
 
Indeed, there is urgent need
among some of us, the Judges, to
appreciate that ex-parte injunction
which was devised as a vehicle for
the carriage of instant justice in
proper cases should not be
 
 
converted into bulldozer for
demolition of substantial
justice…”
 
THE CODE OF CONDUCT FOR
JUDICIAL OFFICERS
 
Rule 2(2) Code of Conduct for
Judicial Officers.
A Judicial officer must avoid
the abuse of the power of
issuing interim injunctions, ex-
parte.
 
 
Rule 
32 RPC 2007
. A lawyer shall deal
candidly and fairly with the court.
Rule 
27 RPC 2007
. A lawyer shall not
take undue advantage of opposing
lawyer.
Swearing of affidavit by 
counsel-Rule
20 RPC 2007. see OKPABIO V.
NIGERIAN FILMS & CENSORS
BOARD
 
 
Suppression of facts in ex-
parte application. Rule 
32 RPC
2007
Late filing of motions and
counter affidavits with a view
to delay proceedings. Rule
31(5) RPC 2007
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Interlocutory applications are crucial in ongoing court cases, allowing parties to seek remedies, temporary reliefs, or address defects in the suit. These applications can be made in open court or to a judge in chambers through motions. Ex parte applications, made without notifying the opposing party, are permissible under certain conditions, but specific rules apply, especially for injunction requests. Various types of motions serve different purposes in court proceedings.


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  1. INTERLOCUTORY APPLICATIONS 039 Lagos, O 43Abuja Interlocutory applications are applications made to the court during while an action is pending in court. While some of these applications are designed to remedy some defects in the pending suit, some are aimed at seeking some temporary reliefs etc.

  2. It is not in all cases that there must be pending suit e.g. application stay of execution, application for installment payment application for order of certiorari, mandamus and prohibition are also interlocutory applications

  3. MODE OF APPLYING TO COURT An interlocutory application is required to be made either in open court or to the Judge in chambers by way of motion. See O 43 R1 Abuja, O 39 R1 Lagos.

  4. MOTION A motion is an application, usually in writing made to the court for order in terms of the prayers sought in the application.

  5. TYPES OF MOTION MOTION EX PARTE MOTION ON NOTICE

  6. MOTION EXPRTE It is an application for an order of court without the notice of the other party to the suit. Even where the party to be affected is in court he cannot respond to same. See 7-UP BOTTLING CO. V ABIOLA & SONS LTD (1995)2 SCNJ37, GOMBE V. PW NIG LTD (1995) 2 SCNJ 37.

  7. Ex parte applications are normally permitted in two circumstances: Where time is of the essence Where from the nature of the application, the interest of the adverse party will not be affected negatively

  8. NOTE: no application for an injunction can be made exparte except the applicant files with it a motion on notice. See O 43 R 3 Abuja and O 39 R 3 Lagos

  9. ORDERS THE COURT MAY MAKE AFTER HEARING EX PARTE APPLICATION Grant the application Refuse the application Direct that the motion be served on the other party Order that the party sought to be affected appear in court within a given time and show cause why the order should not be granted. See O 43 R 7 Abuja, O 39 R 6 Lagos.

  10. LIFE SPAN OF EX PARTE ORDER Any order obtained ex parte is expected to last for a short period. In Lagos, it shall abate after 7 days see O 39 R 3(3) Lagos. However, O 39 R3(4) gives the judge power to extend the period where necessary such extension shall not exceed 7 days.

  11. In Abuja, it shall abate after 7 days see O 43 R 3(2) Abuja . However, O 39 R3(3) gives the judge power to extend the period where necessary such extension shall not exceed 7 days.

  12. APPLICATION FOR INJUCTION NOTE: no application for an injunction can be made exparte except the applicant files with it a motion on notice. See O 43 R 3 Abuja and O 39 R 3 Lagos

  13. MOTION ON NOTICE A motion on notice is one which is served on the other party and asking him to appear in court on named date for the hearing of same. Personal service of motion is not required unlike originating processes.

  14. SERVICE OF MOTION In Abuja, there shall be at least 2 clear days between the date of service and hearing except there is leave of court to the contrary. O 43 R6 Abj In Lagos every motion must be served within 5 days of filing see O 39 R 3 Lagos. The respondent is expected to file counter within 7 days. See O 39 R 1(4) Lag, O 43R 1(3) The Applicant has 7 days to file reply if any. See O 39 R1(5), O 43 R1(4) Abuja

  15. CONTENTS OF A MOTION Heading of the court The suit number Parties( applicant , respondent ) Type of motion ( ex parte or on notice) The order/ rule or law under which the application is brought. O 39 R1 Lag, O 43 R 1 Abuja, FALOBI V FALOBI

  16. The notice itself.( TAKE NOTICE that .) The order or relief sought Date of the application Name, signature and address of applicant s counsel The name and address for service of the respondent or his counsel

  17. HEARING OF MOTION A motion is heard when same is moved. The applicant or his counsel stands up in court when the application is called and restates the relief he has on the motion paper and urges the court to grant them.

  18. OBLIGATION TO HEAR EVERY MOTION Once an application has been filed except it is withdrawn, the court is duty bound to hear the application and make pronouncement. See DANDUME LGC V YARO (2011) 11 NWLR(PT1257)159 Where a motion for extension of time to file defence was not heard and judgment was delivered. It was set aside on appeal.

  19. ORDER OF HEARING MOTIONS Where there are two pending motions, one seeking destroy and another seeking to save, the one seeking to save will be heard first. See AG FED V. AIC LTD, LONG JOHN V .BLAKK & ORS

  20. AFFIDAVITS Every motion shall be supported by an affidavit. See O 43 R 1 Abuja, O 39 R1(1) Lagos. Where the application is one brought on point of law there need not be an affidavit see EREJUWA II V. DEDUWA (1970) MSNLR15

  21. CONTENTS OF AFFIDAVITS Heading of court before which the oath is sworn The suit number where it has been given The names of parties The application which the affidavit supports. E.g. affidavit in support of motion on notice

  22. Name, nationality, religion profession and address of deponent Where deponent is not a party, the person by whose authority he deposes Where the facts are not within his knowledge, the source of his knowledge or information The oath clause Signature and official stamp of commissioner for oaths

  23. COUNTER AFFIDAVIT A party who intends to oppose an application is required to file a counter affidavit opposition. Where a respondent fails to file a counter affidavit the facts deposed to in the affidavit are deemed true. See A.G FED V BAYAWO Where the respondent intends to rely on points of law alone, he needs not file a counter affidavit. See BADEJO V. MINISTER OF EDUCATION

  24. FURTHER AFFIDAVIT If the applicant, upon being served with the counter affidavit, sees the need to oppose the facts deposed to in the affidavit, he is expected to file a further affidavit it.

  25. CONFLICTS IN AFFIDAVITS Where there is a conflict in affidavits of parties the court has a duty to resolve the differences by calling oral evidence. See FALOBI V. FALOBI and section 116 Evidence Act.

  26. PROPRIETY OF COUNSEL DEPOSING TO AN AFFIDAVIT Counsel must avoid the habit of deposing to an affidavit on behalf of client. In the event of conflicts he will be required to enter the witness box and be subjected to the rigours of cross examination. See OKPABIO V. NIGERIAN FILMS & CENSORS BOARD

  27. SOME SPECIFIC INTERLOCUTORY APPLICATIONS Application for injunction Application for anton piller injunction Application for mareva injunction Third party proceedings Interpleader proceedings

  28. APPLICATION FOR INJUNCTION An injunction is a court order commanding (mandatory injunction) or preventing an action. See O 38 R 8 Abuja, O 42 R8 There are two types: Interim injunction Interlocutory injunction

  29. INTERIM INJUNCTION It is a temporary order of court granted to preserve the res until a named date or hearing of the motion on notice It is granted in urgent situation It is normally ex parte It has a short life span See KOTOYE V. CBN, P 39 R1(2) Lag, O 43 R1(2) Abuja

  30. INTERLOCUTORY INJUNCTION It is granted after parties have been heard and it is to last during the pendency of the suit It is through motion on notice

  31. CONDITIONS FOR GRANT OF INTERLOCUTORY INJUNCTION Existence of legal right Substantial issue to be tried Balance of convenience Irreparable damage or injury Conduct of the parties Undertaking as to damages See OBEYA MEMORIAL HOSPITAL V AG FEDERATION

  32. MANDATORY INJUCTION It is an order compelling a party to do an act

  33. ANTON PILLER INJUNCTION It is granted ex parte permitting the applicant to enter into the respondent premises to seize, detain and preserve goods or articles in possession of the respondent It is granted in case of infringement of copy right, trademark, patent See ANTON PILLER K,G V. MANUFACTURING PROCESSES LTD

  34. MAREVA INJUNCTION This is an order restraining a defendant from removing his assets within jurisdiction so not to render a judgment nugatory. See MAREVA COMPANIA NAVIERA V INTERNATIONAL BULK CARRIER LTD

  35. THIRD PARTY PROCEEDINGS A procedure where by a defendant through an application brings a person who is not initially sued as a party for the purpose of contribution, indemnity or other relief connected with the claimant s claim against the defendant. See O 13 R 19(1) Lagos, O 10 R 18(1) Abuja

  36. PROCEDURE Exparte motion supporting by affidavit Stating the fact that to the defendant s belief that such a third party may bear the eventual liability. Written address If granted third party notice will be issued and served on the third party together with the writ of summons and other processes. See 0 13 R 19(2) Lag, O 13 R 21(2) Abuja

  37. EFFECT OF SERVICE OF THIRD PARTY NOTICE Once the third party notice is served on the third party it has following effects: The third party is required to enter appearance within the prescribed time by rules either 8 days or 30 days. O 13 R 20 Lagos and not later than 35 days unless otherwise ordered by the court. O 13 R 22 Abuja

  38. The third party becomes a defendant to the party who brought him in. The third party is not a co-defendant as the claimant s writ does not recognize him. See JOHNSON V RIBBINS, OKAFOR V ACB It is an independent suit that even if the main suit is struck out it will still continue. See UBN V EDIONSERI

  39. DEFAULT OF APPEARANCE Failure to enter appearance and filing of pleadings shall be deemed admission and the third party shall be bound by the judgment. See O 13 R 21 Lagos, O 13 R 24 Abuja.

  40. THIRD PARTY DIRECTION Once the third party is served and has enter appearance. Prior to his entry of appearance proceedings must have taking place without him. The defendant calling him will apply for direction as to subsequent conduct of the proceedings. The application is by motion on notice to be served on the third party and the claimant

  41. THE OBJECTION THE CLAIMANT MAY RAISE The joinder may delay his suit unduly or the joinder will embarrass him He may incur additional cost The question raised in the third party notice cannot completely disposed of in his action. See BARRISTER V FRANCE

  42. THE OBJECTION THE THIRD PARTY MAY RAISE The defendant has no claim against him The case does not fall under any of the recognized cases where third party notice should be issued.

  43. THE ORDER THE COURT MAY MAKE Judgment will be enter where liability of the third party to the defendant is established. Dismiss the application

  44. INTERPLEADER People often find themselves in possession of property or money claimed by two or more persons. The person in possession becomes confused as to who is the right owner Delivery to one person may result to a suit against him by the other

  45. To avoid this the party in possession applies to court by way of interpleader to compel the claimants to interplead (take proceedings between themselves to determine who is entitled to the subject matter See O48 R 1 Abuja, O 43 R1 Lag , NWEKESON V ONUIGBO

  46. TYPES OF INTERPLEADER Sheriff interpleader Stakeholder interpleader

  47. PROCEDURE FOR INTERPLEADER ABUJA, see O 48 R 6 By way of summons Where a suit is pending it will be by motion LAGOS, see O 43 R 6 By way of summons

  48. WHAT THE AFFIDAVIT FOR AN INTERPLEADER SHOULD CONTAIN That the applicant has no interest in the subject matter That the applicant has not colluded with any of the claimant That the applicant is wiling to transfer or dispose of as the court may direct

  49. SHERIFFS INTERPLEADER Where a sheriff carries out attachment pursuant to a judgment and a third party is laying claim in the property to be attached. It is applicable when the goods or chattel of a person who is not named in the writ of fi fa is attached. See KEY STONE BANK LTD V M &M LTD

  50. The third party and the judgment creditor are called upon to substantiate the claim. It operates as a stay pending the determination of the matter. See SHELLE V OSHUN

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